NZ Metro TC 24 July 2022 – R7 – THE FIERY SPIRIT

BACKGROUND:

Following the running of Race 7, Nelson & Greymouth Cup Winning Mare “Mmooza” Trot, Stipendiary Steward, Paul Williams, filed an Information pursuant to Rule 870(3) instigating a protest alleging that THE FIERY SPIRIT (Kimberly Butt), placed 4th by the Judge, broke in excess of 50 metres over the final 200 metres.

The Respondent was present at the hearing  and indicated the protest was not contested.

The Judge’s provisional placings were:

1st    8  MC Squared

2nd  2  Aiguille

3rd 10  Sky High Flyer

4th   1  The Fiery Spirit

5th 12  Night Watch

Rule 870(3) provides that “Any horse which breaks from its gait shall promptly regain its proper gait”.

The Breaking Horses Regulation provides:

 Any horse which breaks from its gait within the final 200 metres of any race and continues on in the break for a distance of 50 metres or greater, shall be deemed to be in breach of Rule 870(3) in that it has failed to promptly regain its proper gait.

Where a protest has been duly lodged against an offending horse, the Adjudicative Committee shall either:

(i)   relegate such horse under Rule 870(4) to behind any other horse in respect of which an advantage may have been gained; or

(ii)  Disqualify it from the race under Rule 1003(2).

EVIDENCE:

Using the available video replays, Stipendiary Steward, Paul Williams, pointed out THE FIERY SPIRIT, driven by the Respondent, racing in 3rd position passing the 200 metres. He then showed that, shortly thereafter, it went into a gallop, free of interference, and continued on in a gallop to the finishing line, finishing in 4th placing. He estimated that THE FIERY SPIRIT had galloped for approximately 160 metres.

Mr Williams sought disqualification of THE FIERY SPIRIT.

The Respondent agreed with Mr Williams.

REASONS FOR DECISION:

After hearing submissions and viewing the video replay, it was clearly evident to the Adjudicative Committee that THE FIERY SPIRIT had broken free of interference inside the final 200 metres of the race and continued on in a gallop for a distance of 50 metres or greater. It had therefore failed to promptly regain its proper gait in breach of Rule 870(3) and the Breaking Horses Regulation.

DECISION:

The protest is upheld and THE FIERY SPIRIT is disqualified.

The amended final placings are:

1st    8  MC Squared

2nd  2  Aiguille

3rd 10  Sky High Flyer

4th 12  Night Watch

5th 14  Wynberg Watch

Authority was given for dividends and stakes to be paid in accordance with those amended placings.